End user agreement for SAM Broadcaster
END-USER LICENSE AGREEMENT FOR the SAM Broadcaster Products, herein referred to as the “SOFTWARE PRODUCT” (c) Copyright 2003-2012 by Spacial Audio Solutions, LLC. Referred to herein as the DEVELOPER or SPACIAL.
This End-User License Agreement ("EULA" or “Agreement”)) is a legal agreement between you (either an individual or a single entity) and the DEVELOPER of the software product(s) identified above ("SOFTWARE PRODUCT" or "SOFTWARE").
The SOFTWARE PRODUCT includes computer software, and any "online" or electronic documentation offered and/or provided along with the SOFTWARE PRODUCT.
If you do not agree to the terms of this EULA, the DEVELOPER is unwilling to license the SOFTWARE PRODUCT to you and you may not install, copy, or use the SOFTWARE PRODUCT.
By indicating your acceptance of this Agreement, and/or by installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA which shall take effect the earlier of (a) the moment of your acceptance of this Agreement or (b) the moment you commence the download and installation of the Software Product.
Both you and the Developer agree that:
1. GRANT OF LICENSE. This EULA grants you the following rights:
This EULA allows you to use the "Licensed" SOFTWARE PRODUCT with the following restrictions:
Unless you have specifically obtained a prior written consent from the DEVELOPER:
- The SOFTWARE may not be used on multiple computers
- The SOFTWARE may not be used to transport and stream any terrestrial radio broadcast and/or communication
- This SOFTWARE may only be used in conjunction with audio content in which you own and control the proprietary rights, or audio content in which you have acquired the rights and permissions to use.
You may only install and use one copy of the SOFTWARE PRODUCT per License for the purposes of managing and delivering "Streamed Audio Media" via digital means to an unlimited number of clients. A client is understood to be a third party accessing the Streamed Audio Media via any internet, mobile, or digital communication network or via any applicable playback software or hardware.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Copying and Redistribution. The SOFTWARE can be copied for backup purposes ONLY and is not intended for usage on multiple Computer/Server systems without obtaining an additional "License" for use on other Computer/Server systems. The SOFTWARE PRODUCT may NOT be copied and redistributed electronically or otherwise, for ANY purposes without express written consent of the DEVELOPER.
Reverse-engineering. Decompilation or reverse-engineering of the provided SOFTWARE/bytecode is not permitted under the terms of this EULA.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for other uses.
Sales & Rental. You may NOT resell, rent or lease the SOFTWARE PRODUCT.
3rd party advertisement systems. Advertisement systems provided by a 3rd party must be approved by DEVELOPER for use with the SOFTWARE. A 3rd party that wishes to develop and/or integrate their advertisement system with this SOFTWARE PRODUCT needs to contact DEVELOPER to get approval for such integration.
3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs which you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. SOFTWARE PRODUCT COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, and accompanying documentation, and any copies of the SOFTWARE PRODUCT, are owned by THE DEVELOPER, SPACIAL. The SOFTWARE PRODUCT is protected by copyright laws throughout the World in accordance with international treaty provisions.
5. SOFTWARE PRODUCT SUPPORT. The DEVELOPER is under no obligation to provide support under the terms of this license.
7. This SOFTWARE PRODUCT uses parts of the open source AKRip project for CD audio playback. The full source and LGPL license, as well as more information on this project can be found at http://akrip.sourceforge.net/.
8. mp3PRO audio coding technology licensed from Coding Technologies, Fraunhofer IIS and Thomson. This SOFTWARE PRODUCT does not convey a license nor imply any right to distribute any content via this SOFTWARE in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
9. This SOFTWARE PRODUCT includes PHP software, freely available from http://www.php.net/software/
11. Refund Policy
Spacial Audio Solution, L.L.C.,is a limited liability company organized under the laws of the State of Texas.
This SOFTWARE PRODUCT is marketed as "shareware". Spacial offers a fully-functional evaluation version of this software for potential users to "try before you buy" on a fourteen-day (14-day) free trial basis. SPACIAL encourages and appreciates users trying our products before placing an order.
If you have not tested SPACIAL's free evaluation version, please do so before you place an order to make sure that the product you are ordering is what you want and works correctly with your system. When a user purchases the registered version of the SOFTWARE from SPACIAL, we assume that the purchaser is satisfied with the SOFTWARE's features and functionalities. No refunds will be given on SOFTWARE purchases.
12. Limitation of Liability
SPACIAL shall not be liable for any direct damages to you or to any other third party, whether out of contract or from tort, including loss of data, profits, business interruption, or the use or inability to use the SOFTWARE. SPACIAL shall not be liable for any other special, consequential or exemplary damages suffered by you relating to the SOFTWARE. SPACIAL's cumulative liability to you shall not exceed the License fee paid by you to SPACIAL in connection with use of the SOFTWARE under this Agreement. This Section shall survive termination of this License Agreement.
13. Your Idemnity
You hereby indemnify and hold harmless Spacial and their respective officers, directors, employees, agents, and contractors from and against any claims, actions, suits, damages, liabilities, costs, and expenses (including reasonable legal expenses) arising from a claim and/or action by any third party that you have violated the proprietary rights of that third party, or caused any damage to that third party, in the course of your use of the SOFTWARE PRODUCT. This indemnity shall not apply in the event of any claim and/or actions by a third party that the SOFTWARE PRODUCT itself has violated the proprietary rights of that third party, or caused any damage to that third party.
14. Breach of the Agreement and Termination of License
The License issued to you under this Agreement will terminate automatically if you fail to comply with any provision of this License or you attempt to assign any of its rights or authorities under the License. In the event of the termination of this License, you agree to immediately erase and destroy all copies of the SOFTWARE PRODUCT and all documentation relating to use of the SOFTWARE. Following the termination of this License, any further use of the SOFTWARE will be an infringement of SPACIAL's copyrights and intellectual property rights.
15. Jurisdiction of this Agreement
All disputes arising under or relating to this License or the subject matter of this License shall be resolved by a court of competent jurisdiction located in Travis County, Austin, Texas. Exclusive venue for any resulting litigation shall be in Travis County, Austin, Texas
UPDATED: 1 March 2012